Cheryl Wilcox Property Management v. Appel

Defendants did not object to the imposition of damages at trial, and we should not consider their argument on appeal. Accordingly, I dissent.

ORAP 5.45(2) provides:

*95“No matter assigned as error will be considered on appeal unless it was preserved in the lower court and assigned as error in the party’s opening brief; provided that the appellate court may consider errors of law apparent on the face of the record.”

The interests of justice are not served by allowing parties to prolong litigation by appealing based on errors that, if raised below, could have been corrected.1 This case is a perfect…